Hong Kong Case Law: Decisions & Judgments

Topic

Rates

Legal area

Court

11 Sept 2019

ROCO INVESTMENT LTD AND ANOTHER v. GUSCHLBAUER (HONG KONG) LTD

Citation

[2019] HKCFI 2272
Court

Court of First Instance
Case number

HCA1467/2017

Master held that the Plaintiffs validly accepted the Defendant's repudiation, mitigated reasonably by re-letting efforts, and were entitled to reinstatement costs, loss of rent (including loss during the substitute tenant's agreed rent-free period), management fees and rates in the aggregate sum of HK$473,681.66, with interest at 1% above HSBC prime from the date of the Writ to judgment and judgment rate thereafter; costs summarily assessed at HK$150,000 were awarded nisi.
26 Jun 2019

郭卓堅 v. 差餉物業估價署署長蔡立耀先生

Citation

[2019] HKCFI 1619
Court

Court of First Instance
Case number

HCAL1068/2019

The statutory provisions, not any Commissioner policy, provide the exemptions from rates and government rent; the GRO exemption is consistent with Basic Law Article 122; the applicant's substantial unexplained delay and the lack of a reasonably arguable case disentitled the court to extend time or grant leave, therefore the application for leave to apply for judicial review is dismissed.
10 Nov 2008

SAR DEVELOPMENTS LTD v. WORLDEX STONE CLADDING ENGINEERING LTD

Citation

SAR DEVELOPMENTS LTD v. WORLDEX STONE CLADDING ENGINEERING LTD
Court

District Court
Case number

DCCJ2193/2007

Because the defendant admitted occupation and agreed a monthly rent of $4,560, and the defendant's counterclaim did not plead or prove damages exceeding the plaintiff's claim, the court granted an interim payment of $95,760 with specified interest and ordered monthly payments of $4,560 until trial or further order; claims for rates were deferred because areas were disputed; no order as to costs.
14 Jul 2004

WANG YICK INVESTMENT CO LTD v. CHAN FUK CHI

Citation

WANG YICK INVESTMENT CO LTD v. CHAN FUK CHI
Court

Lands Tribunal
Case number

LDPE371/2004

Clause 4.11 satisfies s.121(2)(a) so the tenancy falls within Part V; the Lands Tribunal has jurisdiction under s.8 of Cap 17 (including s.8(8)) to order possession and to order payment of rent, mesne profits, rates and interest as money due; the Tribunal lacks jurisdiction under s.8(8) to adjudicate the forfeiture of the deposit, therefore forfeiture is not ordered by the Tribunal; the applicant is entitled to conditional vacant possession and payment of specified arrears, mesne profits, rates, interest and costs.
11 Mar 2003

AJI ICHIBAN CO v. ALL OVERSEAS LTD AND ANOTHER

Citation

AJI ICHIBAN CO v. ALL OVERSEAS LTD AND ANOTHER
Court

District Court
Case number

DCCJ710/2002

Deputy District Judge found on balance of probabilities that the 2nd Defendant occupied the premises as an unlawful subtenant from commencement of plaintiff's ownership; mesne profits and management fees are recoverable from the date the tenancy was forfeited (treated as 30 January 2002, date of writ issuance adopted), and awarded HK$79,173.39 for mesne profits and HK$18,850.81 for air-conditioning/management fees (total HK$98,024.20); costs to the plaintiff subject to disallowance of costs attributable to 75 pages of the trial bundle.
15 Oct 2001

PERFECT CYPRESS LTD. v. MUI PO CHU

Citation

PERFECT CYPRESS LTD. v. MUI PO CHU
Court

Lands Tribunal
Case number

LDPD2367/2001

Clause 6 of the tenancy, properly construed, obliges the tenant to pay management fees and rates; the respondent failed to establish a contractual or restitutionary basis for set-off or repayment of alleged overpayments; allegations of breach, harassment and conspiracy were unsubstantiated; therefore the landlord is entitled to possession and payment of rent arrears, management fees, rates and costs as ordered.
29 Mar 1983

JOHN MARK ESSINGTON BOULTON v. LOON KING DEVELOPMENT CO LTD

Citation

JOHN MARK ESSINGTON BOULTON v. LOON KING DEVELOPMENT CO LTD
Court

Lands Tribunal
Case number

LDLA62/1982

The Tribunal granted the application for a new tenancy and fixed the fair market rent for the unrenovated premises at $29,000 per month exclusive of rates but inclusive of management charges as at 1 October 1982, based on a comparison of local Turtle Cove lettings and other localities and excluding unrequested renovations from consideration.
6 Jan 1978

KUNG CHUN v. NGAI CHING-YUNG

Citation

KUNG CHUN v. NGAI CHING-YUNG
Court

Court of First Instance
Case number

HCSA23/1977

Section 74A displaces the operation of s.56 for fixed term tenancies by prohibiting any rent increase during the unexpired portion of a fixed term; therefore the landlord could not lawfully pass on the increased rates during the fixed term and the tribunal's decision in favour of the landlord was set aside.